Research On The Application Of The Principle Of Common Heritage Of Mankind In Conservation And Sustainable Use Of Marine Biological Diversity Of Areas Beyond National Jurisdiction

Areas beyond National Jurisdiction(Areas beyond National Jurisdiction,ABNJ)biological resources are a new type of marine resources that are gradually gaining attention with the development of marine technology and biotechnology.Clear norms,resulting in vacancies in institutional rules,and then in practice led to a series of practical and legal issues.To this end,the international community is negotiating a new international instrument to guide the legal order for the development and utilization of ABNJ’s biological resources within the framework of the United Nations Convention on the Law of the Sea(here in after referred to as the "Convention on the Law of the Sea ").International Legally Binding Instrument under UNCLOS on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction(here in after referred to as" BBNJ Agreement").In the negotiation process of the "BBNJ Agreement",there are disputes as to which principle to use as the guiding principle.The principle of free high seas and the principle of common inheritance of property by human beings are the two traditional principles governing the use of ABNJ resources under the UNCLOS.The negotiations were invoked by countries of different interest camps,forming a confrontational situation.This article studies the application of the principle of common inheritance of property in the "BBNJ Agreement".Apart from the introduction and conclusion,the article is divided into four parts:The first chapter summarizes the basic issues studied in this article,combs the proposal and development of the "BBNJ Agreement",clarifies the main contents of the"BBNJ Agreement",the disputes about the applicable principles and the positions of different countries.At the same time,the legal connotation of the principle of common inheritance of human beings is defined.The "BBNJ Agreement" is an implementation agreement under the framework of the UNCLOS.There should be no conflict with the UNCLOS regarding the application of principles.Therefore,this chapter also deals with the system of the principle of common inheritance of property by humans in UNCLOS The embodiment is explained.Chapter 2 discusses the pre-legal issues that the principle of common inheritance of mankind applies to the "BBNJ Agreement".First of all,from the theoretical differences in the understanding of the legal attributes of ABNJ’s biological resources,the natural resources of the sea area should be confirmed as the common inheritance of humans.Subsequently,based on the legal attributes of common inheritance of property by human beings,the application of the principle of common inheritance of property by human beings conforms to the legislative spirit of UNCLOS,can balance the marine status of developed and developing countries,and conforms to the concepts of environmental protection and sustainable development In this regard,the rationality of the application of the principle of common inheritance of property by humans in the "BBNJ Agreement"was analyzed.Chapter 3 based on the theoretical analysis above,integrates the principle of the common inheritance of mankind into the system design of the "BBNJ Agreement".Combining the characteristics of the development of ABN J biological resources,taking the connotation of the principle of common inheritance of human beings as the entry point,it explains how the principle is applied in the "BBNJ Agreement" in three aspects,and proposes the joint use of ABNJ biological resources in the "BBNJ Agreement",With the way out of joint decision-making,design the benefit-sharing system.Chapter 4 returns to China’s perspective and examines China’s soft power building against the backdrop of deep sea ocean resource development hard power promotion.Combining with the practice and development of China’s bioprospecting,taking the identity recognition of a responsible power as the starting point,and analyzing the interests and positions of China’s participation in the BBNJ international negotiations as a guide to the concept of the community of human destiny and the community of marine destiny The expression of the principle of joint inheritance of property and the focus of the benefit-sharing system reflect China’s attitude,and at the same time explore ways to enhance the influence of discourse from both the international and domestic levels.